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Wednesday, 24 February 2016
Page: 1018


Senator MADIGAN (Victoria) (16:22): I, and also on behalf of Senators Leyonhjelm, Lambie, Muir, Wang, Lazarus, Day and Xenophon, move:

That the following matters be referred to the Education and Employment References Committee for inquiry and report by 30 June 2016:

The ramifications for professional sports people of Australia’s participation in the international sports anti-doping framework, with particular reference to:

(a) Australia’s international obligations under the United Nations Educational, Scientific and Cultural Organisation [UNESCO] October 2005 International Convention against Doping in Sport and the World Anti-Doping Code;

(b) the operation in domestic professional sports of the:

(i) Australian Sports Anti-Doping Authority Act 2006 (the ASADA Act),

(ii) National Anti-Doping Scheme, and

(iii) National Anti-Doping Framework;

(c) the investigatory powers of ASADA in comparison with similar bodies in other jurisdictions and conventional law enforcement agencies;

(d) the judicial process provided for under the ASADA Act, including, but not limited to, the rights accorded to accused sportspersons and others during the investigatory phase, the rules governing admissibility of evidence at each stage of the process, the standard of proof applicable at each stage of the process, and rights to appeal any finding of guilt or associated penalties;

(e) how professional sporting competitions have responded to the obligations imposed by the World Anti-Doping Agency (WADA), and the effects on the individual sports person;

(f) the effect on domestic professional sporting competitions of the regulation by WADA and the rulings of the Court of Arbitration for Sport; and

(g) any related matters.

The PRESIDENT: The question is that business of the Senate motion No. 3 moved by Senator Madigan be agreed to.